Legal Question in Construction Law in California
If i bond around a mechanics lien, can I then have it removed from the property?
Asked on 10/07/11, 3:40 pm
2 Answers from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Under Civil Code section 3143, the effect of the bond is described as "releasing" the lien, not removing it. Stuff that gets recorded stays recorded, but once the bond is in place, the lien's effect is more or less nullified by being released. Note that 3143 is repealed effective 7/1/2012 and replaced by (new) Civil Code section 8424 which among other things reduces the size of the bond needed to 125% of the claim from 150%.
Answered on 10/08/11, 11:24 am
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